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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88775
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Can one enter Thailand again with no hassles if one has been

Resolved Question:

Can one enter Thailand again with no hassles if one has been convicted for possession of cannabis in the same country?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

An arrest for simple possession of a small amount of marijuana where only a fine was paid is not a mandatory blacklist for readmission to the country. Arrest and conviction for possession of marijuana of more than a small amount carries jail time and only the "potential" of being blacklisted for readmission to the country. Most times, if you are arrested in one of the small towns where you paid a fine and were released and you were not immediately escorted to the airport and deported, then you were not blacklisted and you can return to the country. When someone is arrested in Thailand for drug possession, if they are being blacklisted they are immediately deported.



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Customer: replied 1 year ago.

I remember them taking my fingerprints, keeping my passport with them till my hearing happened and making me sign documents in thai which i could not understand.


I was put in prison again for a few hours when they were about to give me my passport.


I dont even remember seeing the bag properly, it must have been 20 gms or lesser. The only time I saw the bag clearly was when they attached it to my file to forward it to the court.


I also remember the lawyer asking me to accept my charges if asked but I was never asked or question by another official.


 


What is the maximum trouble I could be in if we assume they convicted me?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

The maximum trouble you could be in was the fine you paid when they released you. If all they did was fine you, which is the typical penalty in these cases, then your case is over. If they did not take you to the airport and make you leave the country immediately, they did not blacklist you in most all cases, but we do not have access to either court records or Thai immigration computers and while you being blacklisted for this particular type of charge would be unlikely, you would still have to verify your status through their immigration offices or consulate.
Customer: replied 1 year ago.

What do you mean verify my status with immigration?


Isn't that mandatory when you reach the airport?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

I mean that you need to verify your eligibility with them before you go to Thailand and go through immigration upon entry. Marijuana is a drug offense that does not carry mandatory blacklist, so you have to verify it through the Thai consulate or Thai immigration offices who have actual access to their immigration system if you do not have your paperwork and do not remember what it said or what you were told. As I said above, it is highly unlikely you would be blacklisted if you were just fined, but again we were not there and do not have access to their computers to verify what happened in your particular case.
Customer: replied 1 year ago.

Was a little worried, thanks for clearing it up.


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

In general the matter should be closed if all they did was fine you and you should not have any issue returning to the country, but you still have to verify that before you go as you do not have all of the documentation from the case to verify it from reading those documents.

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Customer: replied 1 year ago.

Thanks alot


but Im still confused when you say verify.


"but you still have to verify that before you go as you do not have all of the documentation from the case to verify it from reading those documents."


 


Verify what where? You mean when you are about to enter the country, you reach the immigration office and they check your passport? or anything else?

Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry for the confusion. Before you even leave to go to Thailand you need to verify your status for admission through the Thai consulate/embassy to make sure you have not been blacklisted and you would do this through the Royal Thai Consulate: http://thaiconsulnewyork.com/english/index.php

The reason you do not wait to get to the airport and go through the immigration there is in case for some off chance they did blacklist you then you have wasted money on your trip as they will turn you around and put you back on the plane. While I said it is unlikely given what you said above that you were blacklisted, again, I cannot access records to make sure, you have to make sure before you return that you were indeed not blacklisted.
Customer: replied 1 year ago.

I am an Indian citizen. I need apply for a visa before I enter Thailand.

I usually get my visa on arrival, so if I apply beforehand (from India) then it would give me an idea I can or cannot ,right?

Or do I need to send them a special request asking them in details?

 

This is what is says on their website: (please read point 6)

 

11. According to the Immigration Act of Thailand B.E. 2522 (1979), foreigners who fall into any of the following categories are prohibited to enter Thailand:

(1) Having no genuine valid passport or document used in lieu of passport; or having a genuine valid passport or document used in lieu of passport without valid visa issuance by the Royal Thai Embassies, the Royal Thai Consulates-General or the Ministry of Foreign Affairs, with exception of those who meet visa exemption requirements. The terms and conditions of visa issuance and visa exemption are prescribed by the Ministerial Regulations.
(2) Having no appropriate means of living following entry into the Kingdom.
(3) Having entered the Kingdom to be employed as an unskilled or untrained labourer, or to work in violation of the Alien Work Permit Law.
(4) Being mentally unstable or having any of the diseases stated in the Ministerial Regulations.
(5) Having not yet been vaccinated against smallpox; or inoculated, or undergone any other medical treatment for protection against disease; and having refused to have such vaccinations administered by the Immigration Doctor.
(6) Having been imprisoned by judgment of the Thai Court; or by lawful injunction or judgment of the Court of a foreign country, except for when the penalty is for a petty offence, or negligence, or is provided for as an exception by the Ministerial Regulations.
(7) Having behaviour which could cause possible danger to the public; or having the likelihood of being a nuisance or constituting any violence to the peace, safety and security of the public or to the security of the nation; or being under warrant of arrest by competent officials of foreign governments.
(8) Reason to believe that entry into Kingdom is for the purpose of being involved in prostitution, the trafficking of women or children, drug smuggling, or other types of smuggling which are against public morality.
(9) Having no money or bond as prescribed by the Minister under Section 14 of the Immigration Act B.E. 2522 (1979).
(10) Being a person prohibited by the Minister under Section 16 of the Immigration Act B.E. 2522 (1979).

(11) Being deported by either the Government of Thailand or that of other foreign countries; or having been revoked the right of stay in the Kingdom or in foreign countries; or having been expelled from the Kingdom by competent officials at the expense of the Government of Thailand unless exemption is provided by the Minister on an individual basis.
Expert:  Law Educator, Esq. replied 1 year ago.
Correct, you need to apply for your visa before going. You based on what you were saying and only paying a fine were convicted of a petty offense for the marijuana (a serious offense would have included prison time of 6 months or more) and as such what you posted above is consistent with what I told you that blacklisting is not mandatory or normal, I was just informing you that it is better to be safe and check before you go to Thailand to verify.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88775
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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